On Bankruptcy and Mediation
A mediation session? (photo by Marilyn Swanson) By: Donald L Swanson Every now and then, something happens that can serve as a model or form or checklist for similar situations. Chapter 11 plan confirmation disputes are often complex and involve multiple parties. In the case of In re Garrett Motion, Inc., (Case No. 20-12212, S.D.N.Y. Bankruptcy),... Continue Reading →
Averting the gaze (photo by Marilyn Swanson) By: Donald L Swanson A “listeners’ gaze behavior may serve as a readily observable and quantifiable marker of psychological states relevant for . . . mediators.” [Fn. 1, emphasis added.] One day, back when this could still happen, I’m sitting in a waiting room with a bunch of strangers. ... Continue Reading →
A courthouse (photo by Marilyn Swanson) By: Donald L Swanson When an opt-out for good cause exists, early referral of a case to mediation facilitates settlement. --This conclusion is from a “large sample” study of mediations involving the federal government as party defendant. The “large sample” study is reported as, “Dispute Resolution and the Vanishing Trial:... Continue Reading →
By: Donald L Swanson What follows is a script (more or less) of a panel presentation I gave on December 11, 2020, in a webinar sponsored by the American Bar Association. A revised version is published in Businesslawtoday.org by the American Bar Association at this link. Practicalities for conducting a mediation session by Zoom (or similar... Continue Reading →
City of Chicago (Photo by Marilyn a Swanson) By: Donald L Swanson The new U.S. Supreme Court’s bankruptcy opinion is City of Chicago, Illinois v. Fulton, et al., Case No. 19-357, issued January 14, 2021. Facts and Ruling Here’s how the Supreme Court summarizes the facts of the case and its ruling. In the case before... Continue Reading →
Persisting through early failures (photo by Marilyn Swanson) By: Donald L. Swanson “Failure” in a mediation is difficult to define. For hypothetical examples: Is it a “failure” when a lawsuit fails to settle in a mediation session?Is it a “failure” when a lawsuit fails to settle in a second mediation session?Is it a “failure” when, (i)... Continue Reading →
By: Donald L Swanson Lots of things are wrong with the case of Ripa v. Perfetti [Fn. 1]. The ills start with this fact: all parties are pro se. The case illustrates, once again, that limitations exist on the problems mediation can solve. In this case, a frustrated Bankruptcy Judge encourages the parties to mediate: one side... Continue Reading →
An early end By: Donald L Swanson “The term of a Subchapter V plan can be less than three years, based upon the language of the statute!” --A Bankruptcy Judge's comment at a bankruptcy conference in December 2019 (as I recall it). Upon hearing that comment, I went scrambling to find the statutory language. And here... Continue Reading →
Bad form: Angus cattle on a road at dusk! (Photo by Marilyn Swanson) By: Donald L Swanson The opinion is dated November 9, 2020, and appears in the jointly administered cases of In re Nilhan Developers, LLC, Case No. 15-58443 (Northern Georgia Bankruptcy Court) (Doc. 206), and In re Bay Circle Properties, LLC, Case No. 15-58440... Continue Reading →
Getting started (Photo by Marilyn Swanson) By: Donald L Swanson The American Bar Association published an article titled, “Draft the Settlement Agreement First,” by John Bickerman. [Fn. 1] The article begins with the following: “One of the most effective techniques I know and use as a mediator is to begin negotiating the terms of the settlement agreement before... Continue Reading →
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